1 / 35

Legal Literacy for Supervisors

Legal Literacy for Supervisors. Best Practices for Mitigating Risk. Road Map. Overview of employment laws Tips on how to handle employment situations. True or False?. Individuals that are not the direct target of harassing behavior have no basis for complaint.

merv
Download Presentation

Legal Literacy for Supervisors

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Legal Literacy for Supervisors Best Practices for Mitigating Risk

  2. Road Map • Overview of employment laws • Tips on how to handle employment situations Legal Literacy for Supervisors

  3. Legal Literacy for Supervisors

  4. Legal Literacy for Supervisors

  5. True or False? Individuals that are not the direct target of harassing behavior have no basis for complaint. Legal Literacy for Supervisors

  6. Individuals that are not the direct target of harassing behavior have no basis for complaint. False Legal Literacy for Supervisors

  7. Harassment and Discrimination • Sex • Age • Race • Color • Religion • Disability • National Origin • Veteran Status • Genetic Information Legal Literacy for Supervisors

  8. Harassment and Discrimination • Supervisors should be educated on how to prevent and remedy all forms of unlawful harassment and discrimination Legal Literacy for Supervisors

  9. True or False? The Americans with Disabilities Act (ADA) mandates the hiring of individuals with disabilities. Legal Literacy for Supervisors

  10. True or False? The Americans with Disabilities Act (ADA) mandates the hiring of individuals with disabilities. False Legal Literacy for Supervisors

  11. Americans with Disabilities Act (ADA) • Requires employers to provide “reasonable accommodations” Legal Literacy for Supervisors

  12. Americans with Disabilities Act (ADA) • Wait until accommodations are requested • Do not state employee is disabled unless a formal determination is made Legal Literacy for Supervisors

  13. True or False? An employee requests time off to care for a parent who has been diagnosed with cancer and requires extensive treatment. However, the employee cannot provide certification from the treating physician as to the scope and duration of the treatment. It is within your rights as an employer to deny this request for FMLA leave. Legal Literacy for Supervisors

  14. True or False? An employee requests time off to care for a parent who has been diagnosed with cancer and requires extensive treatment. However, the employee cannot provide certification from the treating physician as to the scope and duration of the treatment. It is within your rights as an employer to deny this request for FMLA leave. True Legal Literacy for Supervisors

  15. Family Medical Leave Act (FMLA) • 12 weeks unpaid leave • Eligible after 12 months employment • Do not need to take all 12 weeks at one time • District of Columbia – FMLA- eligible for 16 weeks total within a 24 month period. Legal Literacy for Supervisors

  16. Family Medical Leave Act (FMLA) • Human Resources is a valuable ally when an employee could be eligible for or misusing FMLA leave. Legal Literacy for Supervisors

  17. True or False? The head cashier of your bookstore informs you that she just joined a new religion, and can no longer work Friday afternoon due to her need to attend services. Fridays from 3:00 to 5:00 is the cash closeout for the bookstore, during which she must be present as part of her job requirements. The only other person that can complete this task is the Assistant Controller, who steps in for illnesses and vacations, but cannot fill in every Friday afternoon. It is within your rights to deny this request. Legal Literacy for Supervisors

  18. True or False? The head cashier of your bookstore informs you that she just joined a new religion, and can no longer work Friday afternoon due to her need to attend services. Fridays from 3:00 to 5:00 is the cash closeout for the bookstore, during which she must be present as part of her job requirements. The only other person that can complete this task is the Assistant Controller, who steps in for illnesses and vacations, but cannot fill in every Friday afternoon. It is within your rights to deny this request. True Legal Literacy for Supervisors

  19. Religious Accommodations • Must accommodate employees with sincerely held religious beliefs that conflict with work responsibilities Legal Literacy for Supervisors

  20. Religious Accommodations • Most common issues: • Holy Days • Religious Dress Legal Literacy for Supervisors

  21. True or False? A report of harassment that is made only after transfer, demotion or termination is false because it is made for revenge and can be considered retaliation. Legal Literacy for Supervisors

  22. True or False? A report of harassment that is made only after transfer, demotion or termination is false because it is made for revenge and can be considered retaliation. False Legal Literacy for Supervisors

  23. Retaliation • Retaliation against an employee engaged in protected activity is prohibited Legal Literacy for Supervisors

  24. Retaliation • Act rationally when confronted by an accusatory employee Legal Literacy for Supervisors

  25. True or False? Based on the desire to build a diversified workforce, it is necessary to diversify your staff by hiring individuals underrepresented at your institution. Legal Literacy for Supervisors

  26. True or False? Based on the desire to build a diversified workforce, it is necessary to diversify your staff by hiring individuals underrepresented at your institution. False Legal Literacy for Supervisors

  27. Hiring • Focus on applicant’s qualifications Legal Literacy for Supervisors

  28. Hiring • Provide guidelines to supervisors on the hiring process Legal Literacy for Supervisors

  29. True or False? Since most states follow an “employment-at-will” doctrine, it is within the institution’s legal rights to terminate an older employee for no just cause and fill the opening with a younger individual. Legal Literacy for Supervisors

  30. True or False? Since most states follow an “employment-at-will” doctrine, it is within the institution’s legal rights to terminate an older employee for no just cause and fill the opening with a younger individual. False Legal Literacy for Supervisors

  31. Termination of Employees • Many lawsuits arise out of terminations • Numerous exceptions have eroded the doctrine of at-will employment Legal Literacy for Supervisors

  32. Termination of Employees • Supervisors should know state and federal laws • Supervisors must speak with human resources if they believe someone should be terminated. Legal Literacy for Supervisors

  33. Essential Supervisory Practices • Use HR as a resource • Conduct accurate performance evaluations • Document employee performance problems • Use progressive discipline • Watch what you say (and type) • Be familiar with employment laws Legal Literacy for Supervisors

  34. Legal Literacy for Supervisors

  35. Kim Nimmo Senior Risk Management Consultant Sarah Braughler Claims Counsel Two Wisconsin Circle, Fourth Floor Chevy Chase, MD 20815 301.215.6403 knimmo@ue.org www.ue.org Two Wisconsin Circle, Fourth Floor Chevy Chase, MD 20815 301.215.9584 sbraughler@ue.org www.ue.org

More Related